10th Circuit Reinstates Title IX Claims Against ENMU for Assault Allegations
The 10th Circuit revived Title IX and assault claims against Eastern New Mexico University and staff.
Why it matters: This ruling clarifies when universities can face direct liability under Title IX for sexual misconduct, essential for campus legal teams and litigators handling sexual assault cases.
- July 2021: Meghan de los Reyes hired as ENMU women’s basketball head coach.
- Jan-Oct 2022: Three freshmen allege sexual assaults by Glen de los Reyes during therapy sessions.
- Initial summary judgment favored ENMU, dismissing Title IX claims in 2023.
- The 10th Circuit reversed in August 2023, allowing claims to proceed against ENMU and Athletic Director Paul Weir.
Eastern New Mexico University (ENMU) is facing renewed legal challenges after the 10th Circuit Court of Appeals reversed a lower court’s dismissal of Title IX and assault claims.
In July 2021, ENMU hired Meghan de los Reyes as the women’s basketball head coach. From January to October 2022, three freshman players alleged that Glen de los Reyes, Meghan’s husband and not employed by the university, sexually assaulted them during mandatory physical therapy sessions.
The plaintiffs sued ENMU and Athletic Director Paul Weir, arguing that the university was liable under Title IX for failing to address known risks. In 2023, a magistrate judge granted summary judgment to ENMU, dismissing the claims.
However, in August 2023, the 10th Circuit reversed the dismissal. The court held that ENMU could be directly liable under Title IX for “deliberate indifference” to known sexual misconduct, even when the perpetrator is not an employee. Senior Judge David M. Ebel noted that the university’s alleged failure to act could expose it to liability.
This ruling highlights that universities cannot avoid responsibility merely because the alleged abuser is not formally affiliated with them. Legal professionals advising educational institutions should carefully consider the implications for risk management and compliance under Title IX.
For additional insights on university liability under Title IX, see the 10th Circuit decision and related analysis in Law360. These sources provide the ruling’s legal reasoning and its potential impact on higher education institutions nationwide.
By the numbers:
- 3 — number of freshmen athletes alleging assault during therapy sessions
- 2023 — year magistrate judge granted summary judgment for ENMU
- August 2023 — 10th Circuit reversed dismissal, reinstating claims
Yes, but: Although the 10th Circuit allowed claims to proceed, the final outcome will depend on trial court findings regarding ENMU's knowledge and response to misconduct risks.
What's next: The case will return to the district court for further proceedings to determine liability details and potential damages.